The city has served notice it will appeal a ruling striking down the city’s shark fin ban — but nothing will happen unless council agrees.

Toronto has served notice it plans to appeal a court ruling that struck down the city’s shark fin ban — but nothing will happen without direction from city council.

City solicitor Anna Kinastowski confirmed Wednesday her department filed the notice before an appeal deadline, but added that it did so “pending council instructions.”

That sets up a debate, likely this month or in February, on whether to use city legal resources to try to revive a bylaw that Kinastowski had warned presented legal challenges when council passed it in 2011.

The result has implications beyond Toronto, because other municipalities, including Mississauga and Oakville, have their own shark fin bans that may now be endangered.

Mississauga’s ban is “under review and a report is to come in the New Year,” said Catherine Monast, a spokesperson for that city.

In late November, Ontario Superior Court Justice James Spence ruled Toronto’s ban on possession, consumption and sale of fins — aimed at curbing the practice of de-finning that kills tens of millions of sharks per year for a Chinese delicacy soup — falls outside of the city’s jurisdiction.

City arguments about the potential extinction of sharks, and possible health risks from mercury in the fins, are matters of debate and not the solid basis for an intrusive bylaw, the judge ruled, agreeing with four complainants from the Chinese-Canadian community.

Councillor Glenn De Baeremaeker, who championed the ban along with colleague Kristyn Wong-Tam, expressed confidence on Wednesday that council will proceed with the appeal and, if necessary, modify the bylaw to address some of the judge’s concerns.

“If there are clarifications to be made, the city will attempt to make those clarifications,” said De Baeremaeker (Ward 38, Scarborough Centre). “The bottom line is: Will there will be a shark fin ban in Toronto?”

But Deputy Mayor Doug Holyday, who voted against the bylaw along with Mayor Rob Ford and two other council members, hopes his colleagues read the judgment and understand they were exceeding their powers.

“I’m pretty confident that, having heard what they heard, they won’t be appealing,” said Holyday (Ward 3, Etobicoke Centre). “It would be a waste of taxpayers’ money, in fact.”

Shark-fin soup is traditionally served at auspicious occasions including weddings. The bylaw argued the fin trade harms “the economic, social and environmental well-being of the city of Toronto.”

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